NJWEEDMAN ROLLS UP VICTORIES IN COURT

njweedman

NJWEEDMAN ROLLS UP VICTORIES IN COURT
http://www.philly.com/mld/philly/news/columnists/9973909.htm

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By Monica Yant Kinney

Philadelphia Inquirer Columnist

"The Weedman smokes on"

When we last checked in with the dreadlocked crusader for free speech and the right to light up, he was fighting a fistful of federal lawsuits and mounting a U.S. House campaign.

The Weedman - real name: Edward Forchion - was also desperately trying to keep himself out of jail.

Apparently, the Camden County Prosecutor's Office hadn't looked too kindly on the Weedman's refusal to deposit his DNA into the state's criminal gene bank.

I must admit, I worried about the Weedman during my months at home with baby Jane.

He's my favorite former felon. He gives great copy.

And he may be the only political candidate in New Jersey history with the guts to put a picture of himself mooning the governor on his Web site.

Miraculously, after a lifetime of toking, the Weedman has retained enough brain cells to render him one heck of an unlicensed legal eagle.

Last year, he got his parole-violation sentence overturned after convincing a federal judge that officials had locked him up to squelch his constitutional right to proselytize about pot.

This fall, the Weedman beat the rap on that DNA case.

And last month, a federal judge considering the Rastafarian's quest to conduct smoky sacraments outside Independence Hall paid the pothead a compliment in open court.

Had Mr. Forchion ever considered going to law school? the judge asked.

He might have missed his calling.

The name game

We reunite at a Burlington County McDonald's.

The Weedman orders a chicken salad and fries.

He has a case of the marijuana munchies but plenty of time to bring me up to speed on his exploits.

Bad news: He lost the fight to change his name to NJWeedman.com.

The court said the new name would promote a criminal enterprise.

Silly judges. Publicity and provocation, not sales, are his profession.

Now the proud black man is considering filing papers to legally become Just A. Nigga.

Just to tick people off.

As we chat, a stranger stops by our booth to make a celebrity sighting.

"Are you," he askes in awe, "the actual Weedman?"

The Weedman nods, and stuffs campaign flyers into his fan's hand.

The dude pledges to vote for the Weedman, who is running on the U.S. Marijuana Party ticket against U.S. Rep Jim Saxton.

Forchion knows he's going to need a lot more McDonald's moments to unseat the incumbent.

After clashing with Comcast over his campaign ads, the Weedman finally managed to put a few of them on TV over the summer.

But he had only $1,000 to spend.

He'll have to raise more money next time around.

"I'm a gadfly," he explains, perhaps to the cable company's horror. "I'm going to run for office every year."

Fame and Forchion

Alas, neither fame nor infamy has translated into fortune for Forchion.

Over the summer, the oft-unemployed father of four finally landed a job as a courier.

Ironically, the job required him to deliver documents to the state justice officials he has mocked mercilessly.

He made $600 a week - completely legit! - but not for long.

In August, a couple of weeks after Gov. McGreevey's "I am a gay American" speech, the Weedman delivered an address of his own, right on the Statehouse steps in Trenton.

As usual, the cameras were rolling.

His bosses caught the show. And, like clockwork, the Weedman lost a job and found another fight.

He promptly filed a wrongful-termination suit, alleging he was fired for expressing political views.

McMeal finished, the Weedman says he has to get back to politicking.

He is, blessedly, a one-issue candidate. He just wants to end the drug war and legalize marijuana.

"How is it that the only way an average guy can get his voice heard today," he asks before climbing into his beat-up van, "is by taking advantage of election laws?"

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Contact Monica Yant Kinney at 856-779-3914 or myant@phillynews.com. Read her recent work at http://go.philly.com/yantkinney.
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I was jailed by the State of New Jersey for making political ad's that called for the "end of the drug war": http://www.njweedman.com/censorship

**Mystic Power** · Posted: Fri Oct 29, 2004 12:27 pm Post subject:

We all love ya, Weedman!

You give real meaning to the patriotic call, "LET'S ROLL!"

Follow Your Bliss
Ben
_________________
"We are the Ones we have been waiting for."
~Hopi Elder ~

"In Lak'ech"
~ Ancient Mayan: "I am another YOU." ~

**Fyrefly1** · Posted: Fri Oct 29, 2004 5:59 pm Post subject:

Weedman,

You're an inspiration.....

You're showing everyone that you have the guts to take on the system!

I'm with you....!
_________________
Fyrefly1
"All truth passes through three stages: first it is ridiculed, second it is violently opposed, and third it is accepted as self-evident."
Arthur Schopenhauer, 19th Century Philosopher

Lilli · Posted: Fri Oct 29, 2004 11:38 pm Post subject:

_________________

I pass to you the torch that Christ once passed to me.
Others are still in the dark and need
the light to see.
"I AM"
"Gathering the fragments so that
none are lost"
His Shepherdess
http://missouri.thcministry.org/

The GCW · Cannabis Sacrament Minister Joined: 19 Nov 2003 Posts: 430

There is no freedom of religion, for those who use cannabis as a sacrament to enhance Our relationship to Christ God Our Father.

Ed, (and others) exposes that fact.

US PA: Two Marijuana Proponents Convicted Of Possession

Two proponents of legalizing marijuana were convicted yesterday of misdemeanor counts of possession of marijuana during three protests at Independence National Historical Park after a federal judge rejected their claim that smoking was constitutionally protected because they are Rastafarians.

Edward Forchion, 40, a perennial political candidate from Browns Mills in Burlington County who goes by the name "NJ Weedman," and Patrick L. Duff, 27, of Philadelphia, were convicted for their actions during demonstrations near the Liberty Bell on Dec. 20, March 20 and April 17.

U.S. Magistrate Judge Arnold C. Rapoport set sentencing for tomorrow, and Assistant U.S. Attorney Kristin R. Hayes said each man faces a year's probation, with Forchion also facing a $750 fine and Duff a $500 fine. Rapoport rejected their claim that the U.S. Religious Freedom Restoration Act exempted them from marijuana laws because marijuana is considered a sacrament in the Caribbean religion of Rastafarianism.

http://www.mapinc.org/drugnews/v04/n1603/a04.html?397

Pepper · Posted: Fri Nov 12, 2004 8:41 pm Post subject:

This was posted by the Weedman on another forum:

When asked the NJWEEDMAN” had this to say, “Judge Rapoport decided to uphold our Federal Drug Laws instead of our Constitutional Right of "Freedom of Religion". Judge Rapoport made a serious error in coming to this conclusion; he based his decision on his belief that the Religious Freedom and Restoration Act didn't apply to the 3rd circuit. Totally dis-regarding the rulings in People of Guam v. Guerrero, 290 F.3d 1210 (9th Cir. 2002) which upheld the FRRA as applied to Federal Jurisdictions like the liberty bell and City of Boerne v. Flores, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). Which ruled the RFFA was unconstitutional as applied to the states. And the Congress of the USA which enacted, wrote, supported and passed this Act into law. The RFRA was signed by President Bill Clinton on Nov 16th, 1993 to much fan-fare and public support. Judge Rapoport's decision undermines this legislative act passed by our congress, and flies in the face of other federal Court decisions. I will be appealing immediately and seeking to obtain “amicus briefs” from Religious Groups and Civil rights Organizations to overturn this "political decision"”.

He went on to say, this decision will not change the next planned Demonstration at the Liberty Bell on Nov. 20th, 2004.
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We will succeed unless we quit.

Rev. Chazman · Posted: Sun Nov 14, 2004 3:14 am Post subject:

Even though most of us cant be there with you in person, we are all with you in spirit Brother. Peace and success to you. Smile

Peace
_________________
I praise good thoughts, good words, and good deeds and those that are to be thought, spoken, and done. I do accept all good thoughts, good words, and good deeds. I do renounce all evil thoughts, evil words, and evil deeds. ---Avesta: Yasna
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Future Servant of Cannatopia ©2004 - ∞ Rev. Chazman all rights reserved

Duffman · Cannabis Sacrament Minister Joined: 27 Dec 2003 Posts: 43

No Freedom of religion in the 3rd circuit court!

On November 10th 2004, Ed “Njweedman” Forchion and myself, Patrick Duff, had our day in court to defend our religious use of the sacrament some call marijuana. On this day, we were joined by prominent civil rights attorney Michael Coard, who is working on this case pro-bono, our defense was not only based upon the first amendment, but the 1993 RFRA (Religious Freedom Restoration Act).

This was not our first day in court though, on September 28th 2004, Njweedman and Myself went to court with the intentions on filing a motion to dismiss based on our freedom to exercise our religion of Rastafarianism. While in court on this day, we requested a T.V and VCR to show the demonstrations in which we were detained and ticketed after the park rangers stole our sacrament. The court told us they could not supply any video equipment for us to show our evidence. So we decided to go get our own T.V and VCR from my house.

Before we left to get the equipment, we handed the judge and the prosecutor our motion to dismiss. The judge did not even read half way through the motion before he said “A religious defense to marijuana, I am not going to allow this in my court room”. I then rebutted the judge saying, “ We are allowed to choose whatever defense we want in America”. We had a couple more words with each other, which were very telling in the thought process of the judge towards our religion. At this point I was very frustrated with a judge making a decision before he heard one minute of evidence, so we left to get the video equipment.

As we returned to the court, we had a chance to see the judge sentence a 80 year old women named Lillian Willabe to seven days in jail for protesting the war by blocking the doors to the federal building. The judge said “I am just following the laws as they are set forth to me”, now this is important to remember for later in the story, for the judge does just the opposite with us.

So after the judge protected society by locking up this violent 80 year old woman, it was our turn to try and have the judge rule on the law as it is set forth to him through legislation.

So as the trial started, the prosecution was allowed to call a witness who was the first arresting officer who decided it was important to search the Weedman, while my arresting officer, whom was not present in the court, decided I needed no searching. Just a quick side note, Weedman is black, while I am white. After the questioning of the officer was complete, the prosecution rested their case. It was now our turn, but the judge stopped us before we had a chance to present our case, saying that he didn’t want to handicap the prosecution and ordered the prosecution to file a written brief within 10 days of September 28th.

Our next court date was November 10th 2004, more than a month away from our last day in court. On September 28th we still did not receive a brief from the government prosecution team, so I wrote a letter to the judge explaining my feelings on the fact that we would not have enough time to file a written response which he ordered us to do so within 10 days of receiving the government brief. We received this brief at 6pm. On November 8th through E-mail from the prosecutor. This gave us less than two days to write a response to the brief, so we decided to argue the brief orally in court on the 10th.

The government had written in their brief “Under limited circumstances, the RFRA creates an affirmative defense in criminal prosecution.” Not two pages later they contradict themselves in saying “The holdings of Bauer and Guerrero are extremely limited, merely stating that the RFRA might create an affirmative defense to simple possession charges, and certainly do not make it unlawful to prosecute the defendants for possession of a controlled substance in a national park as they contend.” So I must ask you prosecutor, which quote do you stand by?

As our trial started, the government decided they did not need to call any witnesses since we did not dispute that we were using our sacrament of cannabis. So the Weedman was called first to the stand.

Michael Coard then began questioning, his direction that he took had to do with what’s called a three-prong test, which was set forth by the Guerrero case. This test is meant to establish whether one is in fact the religion they claim to be. If the three-prong test is proven, the burden than switches to the government to show a compelling interest as to why the government interfered with our religious practice.

After Michael questioned the Weedman, the prosecution began their cross-examination. During the questioning, the prosecution made a major error in the questioning of the Weedman. They mentioned his prior arrests, which in itself is grounds for appeal.

So after Weedman testified, it was my turn. Let me tell you that the Weedman was not only allowed to submit to the three-prong test, but also testified for about a half an hour. I was on the stand for a total of maybe three minutes; the judge refused Michael Coard to submit me to the three-prong test, which again are grounds for appeal.

After I was let down from the stand, the judge started his ruling. Which was rather strange to me, for he didn’t even take a couple of minutes to review the evidence set forth in the trial.

He began to chastise the Weedman and myself for holding our ceremonies, stating that there were better ways to do this. I then asked him what he would suggest, he had no suggestions nor did he attempt to offer any. Just a quick note for you judge Rapoport, I have a Father, and I need not you to chastise me for actions my Father believes and knows are noble and honest.

After a couple of minutes of listening the judge call our actions childish, he began to rule on the case. His words to me were almost incomprehensible, for he stated that if we were in the 9th circuit we would be protected, but in the 3rd circuit we had no case. He also said he was ruling on the legislation set forth to him. I then said to the judge that the RFRA was a piece of legislation which protects us from prosecution, to which he told us that the RFRA does not apply to the third circuit.

Just to let everyone know, the RFRA was passed through our congress, senate, and finally our president. Which allows for this protection in our entire great nation, including the 3rd circuit.

So after he ruled on this in what I call a haphazard way, they began to discuss a sentence, which included drug testing, probation, fines and one of the most ridiculous punishments I have ever heard in my life. They wanted a condition of the sentence that would not allow the Weedman or myself to enter Independence Park, the cradle of liberty and freedom. I was shocked, as was the Weedman and Michael Coard that they would attempt to keep us from the place where freedom of this country started. The very reason we had chosen this place was for the symbolism the area stood for, now we would not be allowed to enter the very place which we both believe to the greatest symbol of freedom in our country. This would contradict the word freedom to the utmost, and the drug tests would inhibit our religious practice

The judge himself stated that it was fine to practice religion in private, but not in public. Which is a ridiculous statement being that this world has missionaries who fly all over the world to spread the word of what they believe to be truth, and people like the Hari Krishna’s who are seen all over the world publicly practicing their chosen religion. But when it comes to being a Rasta, keep it to yourself is what I guess he was saying.

The judge not only upheld the sentence requested by the prosecution, he also added that the probation be supervised, which allows for probation officers to enter our homes or places of work anytime they wish. He also ordered that we attend a drug treatment program, which is very insulting to our religion, for one of the “DRUGS” they claim to be a controlled dangerous substance is in fact our sacrament. He also gave two different punishments to Weedman and myself, giving the Weedman more time on probation, and also the chance of more jail time than myself if he violates the probation, just another example of the racism that breeds in our injustice system.

We will be appealing to a higher court, and maybe to the highest court in the land if it needs to go that far. But we will stop at nothing to make our voices heard, so please help us in getting our voices out there. If there are any TV or radio programs that would like to have us on, please feel free to e-mail us at either iam420in@aol.com or njweedman@yahoo.com , you may also e-mail our lawyer at mc@bowserweaver.com we are ready and willing to answer any questions you may have for us.

Information is available at www.njweedman.com/smokeout along with videos of all of the protests.
_________________
Look up in the sky, It a bird, it's a plane, no it's Duffman taking a bong

hit, He uses the smoke to relax his enemys into submitting.

**Torkel** · Posted: Fri Nov 26, 2004 2:11 am Post subject:

What you just have written about the judge's ruling/thoughts are to me a very sad, sad story. Crying or Very sad

Who the heck does that judge think he is??? He is supposed to by law, go by the law and uphold the constitution of the US!

I for one am on your side, Duffman! The judge is definately WRONG! Mad

Keep your eyes on a better day, Torkel Wink

Rev. Chazman · Posted: Fri Nov 26, 2004 12:46 pm Post subject:

More and more judges are doing whatever they want regardless of the law. Abuse of power and biassed interpetation of the law is the new "justice" for the new millenium.

Best of luck to you guys... Let us know if there is anything that we can all do. Emails... letters... ?

Peace
_________________
I praise good thoughts, good words, and good deeds and those that are to be thought, spoken, and done. I do accept all good thoughts, good words, and good deeds. I do renounce all evil thoughts, evil words, and evil deeds. ---Avesta: Yasna
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Future Servant of Cannatopia ©2004 - ∞ Rev. Chazman all rights reserved